79-2802. Joinder of parties defendant; decree as to. In such action the county attorney or county counselor may join as many parties as defendants as there are parties interested in the real estate described in the petition, whether such defendants are jointly interested in the property described or not, and may unite in one action all persons having or claiming to have any interest in any of the real estate described; but the court in its decree shall ascertain and determine the amount of taxes, charges, penalties and interest to the date of the filing of the petition, chargeable to each particular tract, lot, or piece of real estate, and in the decree state the name or names of the particular defendant or defendants who has or who appears to have any interest in the tract, lot or piece of real estate upon which a lien is fixed by order of the court.
History: L. 1901, ch. 392, § 2; R.S. 1923, 79-2802; L. 1941, ch. 375, § 17; L. 1945, ch. 362, § 2; L. 1968, ch. 398, § 5; July 1.
CASE ANNOTATIONS
1. County not limited to one proceeding; court may consolidate actions. Douglass v. Leavenworth County, 75 Kan. 6, 9, 88 P. 557.
2. Abstractor's fee for searching records may be, but fee of attorney assisting county cannot be, included in judgment. Womer v. Aldridge, 155 Kan. 446, 447, 450, 451, 125 P.2d 392.
3. Judgment will not be disturbed on appeal from order confirming sale. Mitchell County Comm'rs v. Allen, 156 Kan. 701, 703, 705, 137 P.2d 143.
4. 1941 act is constitutional; amendments procedural not substantive. Wyandotte County Comm'rs v. General Securities Corp., 157 Kan. 64, 65, 66, 68, 72, 138 P.2d 490.
5. Party made defendant but not as owner; effect when actually owner; jurisdiction. Sheridan County Comm'rs v. Acre, 160 Kan. 278, 288, 289, 160 P.2d 250.
6. Discussed; final foreclosure judgment not subject to collateral attack in quiet title action. Magnolia Petroleum Co. v. Moyle, 160 Kan. 722, 726, 165 P.2d 419. Reversed: 162 Kan. 133, 175 P.2d 133. Affirmed: 163 Kan. 368, 182 P.2d 127. But see Phillips Petroleum Co. v. Moore, 179 Kan. 482, 490, 197 P.2d 183.
7. Discussed and applied; judgment based on service at residence valid. Sedgwick County Comm'rs v. Ellis, 161 Kan. 631, 632, 170 P.2d 145.
8. District court properly refused to confirm sale; irregularities. Cherokee County Comm'rs v. Barnard, 162 Kan. 500, 502, 178 P.2d 189.
9. Civil code governs procedure in absence of express provision herein. Moorhead v. Guliford, 163 Kan. 730, 732, 186 P.2d 275.
10. Court without jurisdiction if taxes not delinquent. Shell Oil Co. v. Board of County Comm'rs, 165 Kan. 642, 648, 649, 197 P.2d 925.
11. Only title holders of record need be named as defendants. Board of County Comm'rs v. Groomer, 166 Kan. 593, 203 P.2d 237.
12. Procedure for publication service in tax foreclosure action held not violative of this section. Phillips Petroleum Co. v. Moore, 179 Kan. 482, 490, 297 P.2d 183. Overruling four cases on subject of when action to vacate tax foreclosure may be commenced, to wit: Magnolia Petroleum Co. v. Moyle, 162 Kan. 133, 175 P.2d 133; Magnolia Petroleum Co. v. Moyle, 163 Kan. 368, 182 P.2d 127; Shell Oil Co. v. Board of County Comm'rs, 165 Kan. 642, 197 P.2d 925; Board of County Comm'rs v. Allen, 175 Kan. 450, 264 P.2d 916.
|
|